Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7904 of 2018 Petitioner :- Dr. Vidya Sagar Singh Respondent :- Nagar Maha Palika And Another Counsel for Petitioner :- Anil Kumar Aditya,Arvind Kumar Singh Counsel for Respondent :- Vivek Verma Hon'ble Manoj Misra,J.
The instant petition has been filed by the plaintiff of Original Suit No.59 of 1994 against the orders dated 25.04.2012 and 13.07.2018 passed by the court of Civil Judge (Junior Division), Court No.7, Varanasi in O.S. No.59 of 1994 and the Additional District Judge, Court No.12, Varanasi in Civil Revision No.138 of 2017, respectively.
The petitioner had instituted suit for permanent prohibitory injunction against Nagar Mahapalika, Varanasi by claiming to be in possession under allotment. It was also claimed that in lieu of allotment certain payment towards use and occupation of the premises was made to the Nagar Palika by way of incurring expenses towards car repair/battery repair. For production of those documents, application 131-GA was filed by the petitioner which was rejected by the court below by impugned order dated 25.04.2012 and, thereafter, revision preferred by the petitioner was also dismissed by order dated 13.07.2018.
The court below has rejected the application by observing that if both documents are part of the public record, then the petitioner can obtain copies of those documents and produce the same and therefore there is no justification to issue any direction upon the defendants to produce those documents.
Be that as it may, considering that orders impugned are interlocutory in nature, the correctness of those orders can be questioned before the appellate court as and when an appeal is preferred against the final judgement and decree passed by the trial court. This Court therefore declines to entertain this petition by leaving it open to the petitioner to raise all such questions, as he may be advised, before the appellate court in an appeal against the final judgement and decree passed by the trial court.
With the aforesaid liberty/observation, the petition is disposed off.
Order Date :- 30.10.2018 AKShukla/-